House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)

SCHEDULE 2 - ATTORNEY-GENERAL

OUTLINE

115. This Schedule contains consequential amendments to the following Acts in the Attorney-General's portfolio:

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Administrative Decisions (Judicial Review) Act 1977

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Age Discrimination Act 2004

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Australian Information Commissioner Act 2010

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Bankruptcy Act 1966

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Civil Dispute Resolution Act 2011

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Court Security Act 2013

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Crimes Act 1914

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Federal Proceedings (Costs) Act 1981

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Foreign Influence Transparency Scheme Act 2018

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Inspector-General of Intelligence and Security Act 1986

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Inspector of Transport Security Act 2006

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National Anti-Corruption Commission Act 2022

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Privacy Act 1988

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Proceeds of Crime Act 2002

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Public Interest Disclosure Act 2013

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Surveillance Devices Act 2004

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Telecommunications (Interception and Access) Act 1979

AMENDMENTS

General terminology changes

116. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Administrative Decisions (Judicial Review) Act 1977

Item 1: Paragraph 13(11)(a)

Updating legislative reference

117. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 28 of the AAT Act allows a person whose interests are affected by a decision to request a statement of reasons from the decision-maker. This matter is prescribed in clause 268 of the ART Bill. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal.

Item 2: Paragraph (y) of Schedule 1

Terminology changes and updating legislative references

118. This item amends paragraph (y) of Schedule 1 of the ADJR Act so that it captures all Tribunal decisions on review of a security and intelligence decision that are required by clause 134(1) of the ART Bill to be considered in the Intelligence and Security jurisdictional area. Clause 134(1) of the ART Bill provides that the ART's powers in relation to proceedings for review of an intelligence and security decision are to be exercised in the Intelligence and Security jurisdictional area. Intelligence and security decisions are defined in clause 4 of the ART Bill.

119. However, the item excludes 'exempt security record decisions' within the meaning of the ART Bill. The effect of the amendment is that decisions of the Tribunal made on review of an intelligence and security decision, other than exempt security records decisions, are excluded from ADJR Act review. Judicial review of these kinds of decisions remains available under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution.

120. Under the current paragraph (y) of Schedule 1, decisions made on all reviews conducted in the Security Division are exempt from ADJR Act review, except those made on review of decisions of the National Archives of Australia. The item maintains the effect of the existing law with respect to these reviews, but expands the availability of ADJR Act review to all exempt security record decisions, rather than only those made by the National Archives of Australia.

121. This item replaces the reference to the 'Security Division' of the Tribunal to the 'Intelligence and Security jurisdictional area' of the Tribunal. It also amends terminology. See explanation of general terminology changes above.

Item 3: Paragraph (yaa) of Schedule 1

Repealing provision no longer necessary

122. This item repeals paragraph (yaa) of Schedule 1 of the ADJR Act. This paragraph refers to decisions of the AAT made on a review that is required by the ACC Act to be conducted by the Security Division of that Tribunal. Section 36J of the ACC Act requires that reviews in respect of adverse criminal intelligence assessments must be heard in the Security Division of the AAT and outlines the constitution requirements for related proceedings.

123. Section 36J of the ACC Act will be repealed by Item 28 of Schedule 4 of the Consequential Bill 1, as these matters are dealt with in clauses 134 and 145 of the ART Bill respectively. Paragraph (y) of Schedule 1 of the ADJR Act (as amended in Item 2 of this Schedule) would already provide that the ADJR Act does not apply to decisions made under section 36F of the ACC Act.

Age Discrimination Act 2004

Items 4, 5, 6 and 7: Section 45 (heading), section 45, paragraph 46(1)(d) and Schedule 1 (table item 6, column headed "Law")

Terminology changes

124. These items amend terminology. See explanation of general terminology changes above.

125. Item 7 amends table item 6 in Schedule 1 of the Age Discrimination Act 2004 to continue an exemption providing that anything done in direct compliance with the ART Bill is not unlawful under Part 4 of the Age Discrimination Act 2004. The exemption exists because, for example, an application can be made to the Tribunal for review of decisions by the Australian Human Rights Commissioner to grant (or not to grant) an exemption from the operation of a provision in Division 2 (Discrimination in work) or Division 3 (Discrimination in other areas). That is, the Tribunal could affirm (or vary) a decision of the Commissioner to grant an exemption under section 26 of the Age Discrimination Act 2004 which would allow an education authority to effectively discriminate against a person on the grounds of their age in certain circumstances. Where the Tribunal has made such a decision, a person should not be found to have engaged in unlawful conduct for complying with that decision. The exemption also protects staff and members of the Tribunal from complaints of unlawful discrimination related to the exercise of their powers, such as issuing a direction or affirming a decision of the Commissioner to grant an exemption.

Australian Information Commissioner Act 2010

Item 8: Paragraph 31(1)(g)

Terminology change

126. This item amends terminology. See explanation of general terminology changes above.

Bankruptcy Act 1966

Items 9–23: Subsections 55(3AC), 57(3AC), 128H(7) 128H(8), 139ZE(3), 139ZE(4), section 139ZF, paragraph 139ZG(2)(c), subsection 139ZIS(3) (heading), subsections 139ZIS(3) and (4), section 139ZIT (heading), section 139ZIT, paragraph 149N(2)(a), subsections 149P(3) and (4), section 149Q, subsections 185E(4), 185ED(4), 185M(2C), 185MD(4), 185PD(4), 186C(8) and 186C(11)

Terminology changes

127. These items amend terminology. See explanation of general terminology changes above.

Item 24: Subsection 186C(12) (definition of decision )

Updating definition

128. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 25: Subsection 186H(6)

Terminology changes

129. This item amends terminology. See explanation of general terminology changes above.

Item 26: Subsection 186H(7) (definition of decision )

Updating definition

130. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 27 and 28: Subsections 186K(8), 186L(8) and 186LB(9) and paragraph 282(2)(d)

Terminology changes

131. These items amend terminology. See explanation of general terminology changes above.

Item 29: Subsection 282(2) (note)

Terminology changes and updating legislative reference

132. This item updates the note to subsection 282(2), replacing the legislative reference to section 27A of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This amendment is technical in nature and ensures the note remains accurate.

Item 30: Paragraph 283(2)(d)

Terminology changes

133. This item amends terminology. See explanation of general terminology changes above.

Item 31: Subsection 283(2)(note)

Terminology changes and updating legislative reference

134. This item updates the note to subsection 283(2) to reflect the terminology and provisions of the ART Bill. This item replaces the legislative reference to section 27A of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This amendment is technical in nature and ensures the note remains accurate.

Items 32, 33, 34, 35 and 36: Paragraph 305(1)(aa), section 20-1 of Schedule 2 (paragraph beginning "A decision of a committee"), section 40-1 of Schedule 2 (paragraph beginning "A decision about the suspension"), section 96-1 of Schedule 2 (heading) and section 96-1 of Schedule 2

Terminology changes

135. These items amend terminology. See explanation of general terminology changes above.

Civil Dispute Resolution Act 2011

Item 37: Subparagraph 15(c)(i)

Terminology change

136. This item amends terminology. See explanation of general terminology changes above.

Court Security Act 2013

Item 38: Section 5 (table item 8)

Terminology changes and updating legislative reference

137. This item amends terminology and removes the reference to section 24C of the AAT Act to reflect modern drafting practices. This amendment is technical in nature and ensures table item 8 continues to operate in substantively the same way in relation to the Tribunal.

Items 39 and 40: Section 5 (paragraph (c) of the definition of court ) and section 5 (paragraph (d) of the definition of member )

Terminology changes

138. These items amend terminology. See explanation of general terminology changes above.

Item 41: Section 51 (table item 7)

Terminology changes

139. This item replaces references to 'an officer of the Tribunal (within the meaning of the Administrative Appeals Tribunal Act 1975)' with reference to a 'staff member (within the meaning of the Administrative Review Tribunal Act 2024)' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature and ensure that table item 7 continues to operate in substantively the same way in relation to the Tribunal.

Crimes Act 1914

Items 42 and 43: Section 3UA (definition of nominated AAT member ) and section 3UA

Updating definition

140. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Item 44: Paragraph 3UJC(1)(b)

Terminology change

141. This item amends terminology. See explanation of general terminology changes above.

Item 45: Subsection 3UJC(3) (note)

Terminology change and updating legislative reference

142. This item updates the note to subsection 282(2) to reflect the terminology and provisions of the ART Bill. This item replaces the legislative reference to section 60(1) of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 60(1) of the AAT Act, clause 293(1) of the ART Bill provides that prescribed Tribunal personnel have the same protection and immunity as a Justice of the High Court. This amendment is technical in nature and ensures the note remains accurate.

Item 46: Section 3UJE (heading)

Terminology changes

143. This item amends terminology. See explanation of general terminology changes above.

Item 47: Subsection 3UJE(1)

Terminology changes

144. This item amends terminology. See explanation of general terminology changes above.

Item 48: Paragraph 3UJE(1)(b)

Terminology changes

145. This item replaces references to a 'full-time senior member' with references to 'a senior member appointed on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that paragraph 3UJE(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 49: Subsection 3UJE(2)

Terminology changes

146. This item replaces references to the AAT Minister and 'full-time senior member' with references to the ART Minister and 'a senior member appointed on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature and ensure that subsection 3UJE(2) continues to operate in substantively the same way in relation to the Tribunal.

Item 50: Paragraphs 3UJE(3)(a) and (b)

Terminology change

147. This item amends terminology. See explanation of general terminology changes above.

Item 51 and 52: Section 3ZZAC (definition of nominated AAT member )

Updating definition

148. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Item 53: Paragraph 3ZZAD(1)(b)

Terminology change

149. This item amends terminology. See explanation of general terminology changes above.

Item 54: Subsection 3ZZAD(3) (note)

Terminology changes and updating legislative reference

150. This item updates the note to subsection 3ZZAD(3) to reflect the terminology and provisions of the ART Bill. This item replaces the legislative reference to section 60(1) of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 60(1) of the AAT Act, clause 293(1) of the ART Bill provides that prescribed Tribunal personnel have the same protection and immunity as a Justice of the High Court. This amendment is technical in nature and ensures the note remains accurate.

Items 55 and 56: Section 3ZZAF (heading) and subsection 3ZZAF(1)

Terminology change

151. These items amend terminology. See explanation of general terminology changes above.

Item 57: Paragraph 3ZZAF(1)(b)

Terminology changes

152. This item replaces reference to a 'full-time senior member' with references to 'a senior member appointed on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that paragraph 3ZZAF(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 58: Subsection 3ZZAF(2)

Terminology changes

153. This item replaces references to the 'AAT Minister' and 'full-time senior member' with references to the 'ART Minister' and 'senior member on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subsection 3ZZAF(2) continues to operate in substantively the same way in relation to the Tribunal.

Items 59, 60, 61 and 62: Paragraphs 3ZZAF(3)(a) and (b), subsection 3ZZBD(3),section 15GG (heading) and subsection 15GG(1)

Terminology changes

154. These items amend terminology. See explanation of general terminology changes above.

Item 63: Paragraphs 15GG(1)(b) and (c)

Terminology changes

155. This item replaces references to a 'senior member (of any level)' and 'member (of any level)' with references to 'a senior member' and 'a general member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that paragraph 15GG(1)(b) and (c) continue to operate in substantively the same way in relation to the Tribunal.

Item 64: Subsection 15GG(2)

Terminology changes

156. This item amends terminology. See explanation of general terminology changes above.

Item 65: Subsection 15GG(2)

Terminology changes

157. This item replaces references to a 'part-time senior member or a member' with references to a 'senior member appointed on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subsection 15GG(2) continues to operate in substantively the same way in relation to the Tribunal.

Item 66: Paragraph 15GG(3)(b)

Terminology changes

158. This item amends terminology. See explanation of general terminology changes above.

Federal Proceedings (Costs) Act 1981

Items 67, 68, 69 and 70: Title, subsection 3(1) (paragraph (g) of the definition of Federal appeal ), subsection 3(1) (subparagraph (ga)(i) of the definition of Federal appeal ) and section 10A (heading)

Terminology changes

159. These items amend terminology. See explanation of general terminology changes above.

Item 71: Subsection 10A(1)

Updating legislative reference

160. This item updates a legislative reference to paragraph 19D(2)(a) of the AAT Act to instead refer to clauses 44(1)(a), 45, 46 and 47 of the ART Bill. Existing subsection 10A(1) of the Federal Proceedings (Costs) Act 1981 allows a party to a proceeding in a Tribunal to apply for a costs certificate if the Tribunal is reconstituted after a hearing has commenced.

161. Paragraph 19D(2)(a) of the AAT Act provides the circumstances where the President may reconstitute the Tribunal after a hearing has commenced. Those circumstances include where the original member (or one of the members) stops being a member, is unavailable for any reason, or is directed by the President not to take part in the proceeding. Reconstitution of the Tribunal under these circumstances is prescribed in clause 44(1)(a) of the ART Bill.

162. References to clause 45, 46 and 47 of the ART Bill have also been inserted, as they provide additional circumstances in which the President may reconstitute the Tribunal after a hearing has commenced. Should reconstitution under clause 45, 46 or 47 of the ART Bill lead to a party (other than the decision-maker) incurring additional costs, it would be appropriate for them to have the ability to apply for a costs certificate. Clauses 45, 46 and 47 are new provisions, with no direct equivalent under the AAT Act, although they overlap with the general circumstances provided under clause 44(1)(a). An explanation of these new provisions is provided below.

163. Clause 45 of the ART Bill enables the President to reconstitute the Tribunal if a member must cease taking part in the proceeding under clause 89. Clause 89 provides that a member who has been involved in a dispute resolution process in relation to the proceeding must no longer continue to take part in the proceeding if a party objects. This gives effect to the principle in section 34F of the AAT Act.

164. Clause 46 of the ART Bill allows the President to reconstitute the Tribunal if – due to a member having a conflict of interest or actual or apprehended bias in relation to the proceeding – it would be in the interests of justice for them to be removed from the proceeding.

165. Clause 47 of the ART Bill provides that, if an application is referred to the guidance and appeals panel under clause 122, the President must reconstitute the Tribunal for that proceeding. As the guidance and appeals panel is being newly established by the ART Bill, there is no equivalent provision in the AAT Act.

Items 72 and 73: Subsection 18(2A) and schedule (table item dealing with the Administrative Appeals Tribunal)

Terminology changes

166. These items amend terminology. See explanation of general terminology changes above.

Foreign Influence Transparency Scheme Act 2018

Items 74, 75, 76 and 77: Section 14H, subsection 14J(2), subparagraph 43(2A)(a)(i) and paragraph 43(2A)(b)

Terminology changes

167. These items amend terminology. See explanation of general terminology changes above.

Inspector-General of Intelligence and Security Act 1986

Items 78 and 79: Subparagraph 8(1)(c)(ii) and paragraph 9AA(c)

Terminology changes

168. These items replaces references to the 'Security Division of the Administrative Appeals Tribunal' with references to the 'Intelligence and Security jurisdictional area of the Administrative Review Tribunal' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subparagraph 8(1)(c)(ii) and paragraph 9AA(c) continue to operate in substantively the same way in relation to the Tribunal.

Inspector of Transport Security Act 2006

Items 80 and 81: Section 3 (definition of nominated AAT member ) and section 3

Updating definition

169. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 82–92 and 94–95: Subsection 77(1), paragraph 77(5)(a), subparagraphs 77(5)(a)(i) and (ii), paragraphs 77(5)(b) and (c), subsection 77(6), paragraph 77(6)(a), subsections 77(8), (9), (10) and (11), section 79 (heading), subsection 79(1), paragraphs 79(1)(c) and 79(3)(a) and subsection 79(4)

Terminology changes

170. These items amend terminology. See explanation of general terminology changes above.

Item 93: Paragraph 79(1)(c)

Terminology changes

171. This item removes references to '(of any level)' to reflect the terminology and provisions of the ART Bill. The amendment is technical in nature, and ensures that paragraph 79(1)(c) continues to operate in substantively the same way in relation to the Tribunal.

National Anti-Corruption Commission Act 2022

Item 96: Subsection 12(2) (table item 7)

Terminology changes

172. This item replaces references to 'a member (within the meaning of the Administrative Appeals Tribunal Act 1975) of the Tribunal who is not a Judge' and 'a member of the staff of the Tribunal' with references to 'a non-judicial member' and 'a staff member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subsection 12(2) (table item 7) continues to operate in substantively the same way in relation to the Tribunal.

Privacy Act 1988

Items 97, 98 and 99: Paragraph 62(5)(b), section 96 (heading), subsection 96(1)

Terminology changes

173. These items amend terminology. See explanation of general terminology changes above.

Proceeds of Crime Act 2002

Item 100: Before paragraph 183(5)(a)

Insert paragraph

174. This item inserts a new provision enabling the Minister to appoint certain members of the ART as 'approved examiners' under this Act. The ability to appoint these members as approved examiners is prescribed in the Proceeds of Crime Regulations 2019. This provision has been copied directly from the regulations, with updates to relevant terminology.

Public Interest Disclosure Act 2013

Item 101: Section 8 (paragraph (h) of the definition of designated publication restriction )

Updating legislative reference

175. This item updates legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Subsections 35(3), 35(4) and 35AA(2) of the AAT Act permit the Tribunal to give directions prohibiting or restricting the publication or other disclosure of certain information. This is prescribed in subclauses 70(1), 70(2) and 157(3) of the ART Bill. This amendment is technical in nature and ensures that the definition of 'designated publication restriction' continues to operate in substantively the same way in relation to the Tribunal.

Item 102: Paragraph 73(2)(e)

Terminology changes

176. This item updates reference to the 'Registrar of the Administrative Appeals Tribunal' to clarify that 'the Chief Executive Officer and Principal Registrar of the Administrative Review Tribunal is the chief executive officer of the Administrative Review Tribunal' for the purposes of the Public Interest Disclosure Act 2013. This update reflects the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 73(2)(e) continues to operate in substantively the same way in relation to the Tribunal.

Surveillance Devices Act 2004

Item 103: Subsection 6(1) (definition of nominated AAT member )

Updating definition

177. This item updates the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 104, 105 and 106: Section 11, section 13 (heading) and subsection 13(1)

Terminology changes

178. These items amend terminology. See explanation of general terminology changes above.

Item 107: Paragraphs 13(1)(b) and (c)

Terminology changes

179. This item replaces references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraphs 13(1)(b) and (c) continue to operate in substantively the same way in relation to the Tribunal.

Item 108: Subsection 13(2)

Terminology changes

180. This item replaces references to the 'AAT Minister' and 'part-time senior member or a member' with references to the 'ART Minister' and 'senior member appointed on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subsection 13(2) continues to operate in substantively the same way in relation to the Tribunal.

Items 109 – 163: Paragraphs 13(3)(a) and (b), subsections 13(4) and 14(4), paragraph 14(7)(a), subsection 15(2), section 16, paragraph 17(1)(a), subsection 19(2), section 20, subsection 21(4), section 22, subsection 23(2), section 24, paragraph 25(1)(a), sections 27 and 27A, subsection 27B(2), section 27C, paragraph 27D(1)(a), subsection 27E(2), sections 27F and 27G, subsection 27H(8), section 27KA, subsection 27KB(2), section 27KC, paragraph 27KD(1)(a), subsection 27KE(2), sections 27KF and 27KG, subsection 27KH(3), section 27KK, subsection 27KL(2), section 27KM, paragraph 27KN(1)(a), subsection 27KP(2), sections 27KQ and 27KR, paragraph 27KS(3)(b), sections 33, 34, 35 (heading), 35, 35A (heading), 35A, 35B (heading), 35B, 42, 43A and 43C, subsection 43E(1), paragraph 44(2)(a), paragraph 53(2)(b), sections 64A and 64B

Terminology changes

181. These items amend terminology. See explanation of general terminology changes above.

Telecommunications (Interception and Access) Act 1979

Items 164 and 165: Subsection 5(1) (definition of nominated AAT member ) and subsection 5(1)

Updating definition

182. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 166 and 167: Section 6DA (heading) and subsection 6DA(1)

Terminology changes

183. These items amend terminology. See explanation of general terminology changes above.

Item 168: Paragraph 6DA(1)(b)

Terminology changes

184. This item removes the reference to '(of any level)' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 6DA(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 169: Paragraph 6DA(1)(c)

Terminology changes

185. This item updates the reference to 'member (of any level)' to 'general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 6DA(1)(c) continues to operate in substantively the same way in relation to the Tribunal.

Item 170: Subsection 6DA(2)

Terminology changes

186. This item updates the reference to 'part-time senior member or a member' to 'senior member on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subsection 6DA(2) continues to operate in substantively the same way in relation to the Tribunal.

Items 171 and 172: Paragraph 6DA(3)(a) and subsection 6DA(4)

Terminology changes

187. These items amend terminology. See explanation of general terminology changes above.

Items 173 and 174: Subparagraphs 6DB(1)(b)(i) and 6DC(1)(b)(i)

Terminology changes

188. These items make terminology changes to replace references to 'senior member at any level)' and 'member (at any level)', 'full-time senior member, part-time senior member' and 'member' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subparagraphs 6DB(1)(b)(i) and 6DC(1)(b)(i) continue to operate in substantively the same way in relation to the Tribunal.

Items 175, 176, 177, 178, 179, 180 and 181: Section 6H, subsection 7(7), paragraph 39(1)(b), sections 43, 44, 44A, 45, 46, 46A, 48, 49, 50 and 51, section 52 (heading), subsection 52(1), sections 81A, 81C, 94A and 103

Terminology changes

189. These items amend terminology. See explanation of general terminology changes above.

Item 182: Section 103A

Repealing provision no longer necessary

190. This item repeals section 103A. This section relates to an annual report for the years 1999 and 2000, and is therefore no longer necessary.

Items 183 and 186: Subclause 2 of Schedule 1 (definition of nominated AAT member ) and clause 2 of Schedule 1

Updating definition

191. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 184 and 185: Clause 2 of Schedule 1 (definition of nominated AAT member ) and Clause 2 of Schedule 1

Updating definitions

192. These items update the definition of nominated AAT Security Division member with a definition of nominated ART Intelligence and Security member due to the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Items 187 and 188: Clause 15 of Schedule 1 (heading) and subclause 15(1) of Schedule 1

Terminology changes

193. These items amend terminology. See explanation of general terminology changes above.

Items 189 and 190: Paragraph 15(1)(b) of Schedule 1 and paragraph 15(1)(c) of Schedule 1

Terminology changes

194. These items replace the references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and do not affect the operation or effect of the provision.

Item 191: Subclause 15(2) of Schedule 1

Terminology changes

195. This item replaces the reference to 'part-time senior member or a member' with 'senior member appointed on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subclause 15(2) of Schedule 1 continues to operate in substantively the same way in relation to the Tribunal.

Item 192: Subclauses 15(3) and (4) of Schedule 1

Terminology changes

196. This item amends terminology. See explanation of general terminology changes above.

Item 193: Subparagraph 16(1)(b)(i) of Schedule 1

Terminology changes

197. This item replaces references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. These amendments are technical in nature and ensure that subparagraph 16(1)(b)(i) of Schedule 1 continues to operate in substantively the same way in relation to the Tribunal.

Item 194: Clause 17 of Schedule 1 (heading)

Terminology changes

198. This item replaces references to 'nominated AAT Security Division member' with nominated ART Intelligence and Security member due to the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Item 195: Paragraph 17(1)(a) of Schedule 1

Terminology changes

199. This item amends terminology. See explanation of general terminology changes above.

Items 196 and 197: Subparagraph 17(1)(a)(ii) of Schedule 1 and subparagraph 17(1)(a)(iii) of Schedule 1

Terminology changes

200. These replaces references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. These amendments are technical in nature and ensure that subparagraphs 17(1)(a)(ii) and 17(1)(a)(iii) continue to operate in substantively the same way in relation to the Tribunal.

Item 198: Paragraph 17(1)(b)

Terminology changes

201. This item makes terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Item 199: Subclause 17(2) of Schedule 1

Terminology changes

202. This item replaces references to a 'part-time senior member' or a 'member' of the AAT with 'a person who holds an appointment as a senior member on a sessional basis' of the ART to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 6DA(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 200: Paragraph 17(3)(b) of Schedule 1

Terminology changes

203. This item makes terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Item 201: Subclauses 17(3A) and (3B) of Schedule 1

Terminology changes

204. This item amends terminology. See explanation of general terminology changes above.

Items 202 and 203: Subclause 17(4) of Schedule 1 and subclause 17(5) of Schedule 1

Terminology changes

205. These items make terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Items 204–219: Paragraph 22(1A)(b), clauses 26, 27 (heading), 27, 28 and 29, subclauses 30(1), 30(2), 30(5) (heading), 30(5), 30(6) and 30(7), clause 31, paragraph 52(1A)(b), clauses 56, 57 (heading), 57, 58 and 59, subclauses 60(1), 60(2), 60(5) (heading), 60(5), 60(6), 60(7), 60(8) and 61(2) of Schedule 1

Terminology changes

206. These items amend terminology. See explanation of general terminology changes above.

Item 220–243: Subclause 83(1), clauses 87, 88 (heading) and 88, subclauses 89(1), 89(2), 89(5) (heading), 89(5), 89(6), 89(7), 90(2) and 92(1), clauses 96, 97 (heading), 97, subclauses 98(1), 98(2), 98(3) (heading) and 98(3), clauses 99, 101, 105, 106 (heading) and 106, subclauses 107(1), 107(2), 107(5) (heading), 107(5) and 108(2), clause 173 (heading) and clause 173 of Schedule 1

Terminology changes

207. These items make terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.